What Is Personal Injury Law? Everything You Should Understand

When you suffer injuries in an accident that wasn’t your fault, other people may tell you to consider filing a personal injury lawsuit. What is personal injury law and what does filing a lawsuit mean? Personal injury law involves laws and statutes that apply to people who suffered injuries because of the actions of other people. These laws set the rules that determine whether you can file an injury claim. If you’re eligible, these laws give you the ability to seek a financial award against the person or party that caused the accident and your injuries.

Learn more about what personal injury law is and what you should do if someone else causes injuries for you in an accident that was preventable.

What Kinds of Accidents Could Be Personal Injury Claims?

Any kind of accident where someone else could be at fault and where you suffer injuries may result in a personal injury claim, also called a tort claim. They can include:

  • Bicycle accidents
  • Boating accidents
  • Car accidents
  • Construction accidents
  • Defective product accidents
  • Dog bite accidents
  • Medical malpractice
  • Motorcycle accidents
  • Slip-and-fall accidents
  • Truck accidents
  • Workplace accidents.

Other kinds of accidents may also fit under the personal injury umbrella. One of the ways a personal injury attorney can help you is by giving you advice about whether you have a case after your accident. You typically can speak to an attorney for free about the basic facts in your case.

Each state has its own laws regarding personal injury claims, and your local personal injury attorneys can help you understand local laws. A Minnesota personal injury lawyer can help you understand Minnesota personal injury statutes, for example. Wisconsin injury victims may need the help of local personal injury lawyers who can understand Wisconsin personal injury statutes.

What Types of Legal Claims Arise Under Personal Injury Law?

The types of legal claims that can arise under personal injury law include:

  • Accidents: When someone else causes an accident through negligent or reckless actions and leaves you with injuries, you may have a legal claim under personal injury law. This is the most common type of claim.
  • Liability claim: If you suffered injuries in an accident where the defendant did not have direct involvement in the accident, you may still be able to seek an injury claim. This could occur with a defective product where the manufacturer didn’t play a direct role in the accident but could still be liable for a dangerous design.
  • Intentional actions: If another party caused injuries for you through an intentional action, such as during an assault, you could make a personal injury claim.

If you are unsure whether your injury accident matches the definition of what personal injury law is, a personal injury attorney can advise you.

What If the Accident Didn’t Occur on Purpose?

One of the key aspects of personal injury law is that the other party did not have to intend to cause your accident and injuries. You and your personal injury attorney must show that the other party caused the accident with negligent or reckless behavior. It does not have to be purposeful behavior, though.

If the other party could have prevented the accident – and your injuries – by taking a different set of actions, this usually qualifies as a personal injury case.

Who Can You Sue Under Personal Injury Law?

Personal injury laws set the rules for bringing a case. They also determine who can be the defendant. Who can you sue under personal injury law?

  • In most cases, you would sue the person or entity that directly caused your injuries.
  • You could sue an entity that was responsible for faulty equipment that led to your injuries.
  • You might sue an entity that hired the person who caused the injury through negligent actions.
  • You could sue the entity that failed to protect you from a dangerous situation.

Potentially, you could sue more than one person or entity under personal injury law, depending on the circumstances in your case. For example, in a truck accident injury claim, you might sue the truck driver who hit you and caused your injuries. If the driver did not have the necessary training to operate the truck safely, you might sue the company that hired the driver. You also might sue the company that loaded the trailer of the truck for failing to load the items in a safe manner. Your personal injury lawyers would investigate the accident’s circumstances and determine whether having one or more defendants is appropriate.

How Does a Personal Injury Law Claim Work?

When you suffer injuries in an accident that wasn’t your fault, starting the personal injury claim process involves filing a lawsuit. This process doesn’t mean that you will absolutely end up testifying in court. It simply notifies the defendant that you are protecting your right to sue if negotiations fail to reach a satisfactory conclusion.

Nothing requires personal injury victims to hire a lawyer to represent them. However, hiring a lawyer simplifies winning an injury accident settlement. The lawyer helps with filing the lawsuit, determining the value of your case, and proving the facts regarding the accident.

In most cases, you will be seeking financial compensation from the defendant’s insurance company. If the defendant doesn’t have insurance or has too little insurance, you then might seek an award against the defendant’s personal finances.

You and your attorney can begin negotiations for a personal injury settlement before the lawsuit reaches the trial phase. Most cases settle before they reach a trial.

During the negotiation phase, you may have to give formal testimony about how the accident happened and about the severity of your injuries. Insurance companies know they can increase their profit margins if they reduce the amount they pay to you in a settlement. Consequently, they may question your explanation of what happened and even accuse you of lying, hoping to reduce or completely deny giving you a settlement amount.

These actions from the insurance company can draw out the amount of time needed to reach a settlement in an injury accident case. Some cases may settle in a few months if the facts are not in dispute. However, disputed cases could take a few years or more to settle.

How Much Is a Personal Injury Law Claim Worth?

The amount you could win in a personal injury claim depends on the severity of your injuries and the hardships you’re facing. Those who have greater hardships and who may never recover fully could receive a greater settlement amount. Some cases are worth a few thousand dollars, while others may have a six- or seven-figure value. Your local personal injury attorney can help you estimate the value of your injury lawsuit.

What Is Personal Injury Law? Contact Us to Learn More About What You Should Do After an Injury Accident.

Understanding exactly what personal injury law is and how you can use it can be difficult for some injury accident victims. You may be struggling with pain that requires you to take medication and seek constant doctor care. It can be difficult to follow the steps to file an injury claim when you need to focus on your health.

The personal injury lawyers at Tyroler Leonard Injury Law are ready to help you. Learn more about your options for bringing a personal injury claim in a free consultation with our team. Call 651-259-1113 today for a free case review.

Attorney Isaac Tyroler

Attorney Isaac Tyroler has been a strong advocate for injured people his entire legal career. He has a passion for righting wrongs, and he deeply cares about representing injured clients who may feel overwhelmed or uncertain about how to navigate the legal system. He is compassionate toward clients and aggressive with insurance companies and defendants. He is on the elected Board of Governors of the Minnesota Association of Justice (MAJ), the top personal injury lawyers’ group in Minnesota. And is currently the chair of MAJ’s legislative committee. [ Attorney Bio ]